• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Claims court Case

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Prose

Junior Member
What is the name of your state? Washington DC

I was just involved in a federal Claims court case. I would like to know if a Judge in his final ruling is allowed to raise a new argument or evidence that favors the plaintiff. But the Plaintiff never raised this argument or evidence in their brief or statement of fact prior to the court final ruling.
 


seniorjudge

Senior Member
Q: I was just involved in a federal Claims court case. I would like to know if a Judge in his final ruling is allowed to raise a new argument or evidence that favors the plaintiff. But the Plaintiff never raised this argument or evidence in their brief or statement of fact prior to the court final ruling.

A: Courts are supposed to rule on the evidence and law before them. But tell us specifically what you are talking about.
 

Prose

Junior Member
This evidence the judge raised was in the Administrative Record. This evidence was to the advantage of the Plaintiff. But the Plaintiff never raised or use this evidence in his Brief or Statement of Fact. Also, the Adminstrative Record was filed by the Plaintiff (A.K.A US)
 

seniorjudge

Senior Member
Prose said:
This evidence the judge raised was in the Administrative Record. This evidence was to the advantage of the Plaintiff. But the Plaintiff never raised or use this evidence in his Brief or Statement of Fact. Also, the Adminstrative Record was filed by the Plaintiff (A.K.A US)
If the administrative record was filed by the plaintiff, then the judge could use that as evidence.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top